Final Arbitration Agreement

SAMPLE FORM OF FINAL ARBITRATION AGREEMENTAttorney Submitting and Utah State Bar NumberAttorney for [Plaintiff/Defendant] AddressTelephoneIN THE UNITED STATES DISTRICT COURTFOR THE DISTRICT OF UTAH:::FINAL ARBITRATION :AGREEMENTPlaintiff,:vs.::Civil Case No.::Defendant.:The parties hereto agree that this matter will be arbitrated in accordance with theprovisions of the ADR Plan, Rule 16-2 of the District of Utah Civil Rules of Practice, andapplicable federal statutes.The parties further agree:1.That the following arbitrator(s) will oversee the arbitration process: List each arbitrator by name. American LegalNet, Inc. www.FormsWorkFlow.com 22.The arbitrator(s), while acting in the official capacity of court-appointedarbitrator in this matter, shall have the same immunity from liability accorded toUnited States district judges while acting in their official capacity.3.Select Alternative (A) or (B):(A)Pursuant to ADR Plan Section 5(n), any party may file a demandfor trial de novo within thirty (30) days after the filing of the arbitration award. Wheretimely demand has been made, the clerk of court will vacate the award, and the case willbe returned to the regular trial calendar. Where no timely trial de novo demand is made,the clerk will enter judgment on the award in accordance with Fed. R. Civ. P. 58, unlessthe award involves equitable or other relief, in which case the award will be submitted tothe court for the entry of the judgment.(B)The parties agree that the arbitration award will be final andbinding. The parties hereby agree to waive the right, under ADR Plan Section 5(n), tofile a demand for trial de novo.4.The factual and legal issues on which the parties agree are: The partiesand their counsel, under the guidance of the arbitrator(s), should agree on as many factsand/or issues as possible in order to focus and maximize the vaule of the arbitrationhearing.5.The factual and legal issues that remain to be decided are: List clearlyand concisely. Because the arbitrator(s) may determine only the facts and decide only theissues set forth in this agreement as stated in the ADR Plan Section 5(i), due care shouldbe taken to frame them properly. Where, during the proceedings, other issues not set forth American LegalNet, Inc. www.FormsWorkFlow.com 3in this agreement emerge that must be decided in order for the arbitrator(s) to render anaward, the arbitrator(s) must seek the parties' agreement before proceeding. If the partiescannot agree, the arbitration may be terminated without result.6.The parties' respective positions on the factual and legal issues thatremain to be decided are: List clearly and concisely by party.7.The scope of discovery conducted by the parties is limited to: Partiesshould minimize discovery (i) pursuant to DUCivR 16-2(f), and (ii) because arbitrationhearings must be conducted within one-hundred-twenty (120) days of the date of the pre-hearing conference. Protective orders, if any are to be imposed, should be described inthis section.8.The names of the witnesses will be exchanged between the parties no laterthan: Live testimony in ADR proceedings should be limited to resolution of factualdisputes and witness credibility issues. Parties should use stipulations, affidavits, proffersof testimony, written submission of expert opinions, and other time-saving evidentiaryprocedures. Parties may utilize the subpoena process under Fed. R. Civ. P. 45 to compelthe presence of witnesses or the production of documents or other evidence at thearbitration hearing.9.Each party will designate its expert witnesses no later than: All suchdesignations should be served on all counsel or pro se parties and the arbitrator(s).Counsel should bear in mind the court's recommendation that expert opinion should besubmitted in writing unless the arbitrator(s) determine that live testimony is required toresolve conflicts in expert opinion through direct- and cross-examination. American LegalNet, Inc. www.FormsWorkFlow.com 4 10.The parties will exchange hearing exhibits no later than: Must be servedat least twenty (20) days prior to the scheduled arbitration hearing date. Objections tosuch exhibits will be served no later than: Must be served at least seven (7) days priorto the scheduled arbitration hearing date. Pursuant to ADR Plan Section 5(e), objectionsbased upon any issue of evidentiary foundation, authentication, or hearsay that arenot served by this date will be deemed to be waived. All original exhibits and copiesmust be pre-marked before the arbitration hearing as required in DUCivR 83-5. Atthe arbitration hearing, the party must retain the original exhibit, and the arbitrator(or each panel member) and each opposing party shall be furnished a marked copy. 11.The arbitration hearing has been scheduled for the day of, at .m. in Room of .Must be within 120 days of the pre-hearing conference. Each side will have hours in which to present its evidence and make its argument, unless the time isenlarged by the arbitrator(s) with the agreement of all parties. Absent unusualcircumstances, the hearing should completed in one day. 12.This agreement and all proceedings thereunder shall be subject to theprovisions of ADR Plan Section 5(o). No stipulation or admission made in thisagreement or in the course of the arbitration proceeding will be admissible in any trialde novo in this case unless (i) the evidence is independently admissible pursuant to theFederal Rules of Evidence, or (ii) the parties otherwise stipulate. American LegalNet, Inc. www.FormsWorkFlow.com 513.Until a judgment has been entered or an award or a demand for trial denovo has been filed, neither a party nor counsel may reveal any information about orrelated to the arbitration proceedings. 14.Any party desiring to record the hearing by stenographic or electronicmeans must arrange to do so prior to the hearing at its expense. Any such record shallbe subject to ADR Plan Section 5(o). Video recording shall not be permitted. All otherparties to the matter will have the option of ordering copies at reasonable expense. Copiesof transcripts, if any are ordered, shall be provided to the panel members at the arrangingparty's expense.15.This agreement may be signed in counterparts by the parties hereto withthe same effect as though each had executed the same document. DATED this day of , . PlaintiffAttorney for PlaintiffDefendantAttorney for Defendant American LegalNet, Inc. www.FormsWorkFlow.com American LegalNet, Inc. www.FormsWorkFlow.com .Listclearly and concisely. Because the arbitrator(s) may determine only the facts and 5(i), due care should be taken to frame them properly. Where, during the proceedings, other issues not set forth in this agreement emerge that must be decided in order for the arbitrator(s) to render an award, the arbitrator(s) must seek the parti es... American LegalNet, Inc. www.FormsWorkFlow.com ..Must beserved at least twenty (20) days prior to the scheduled arbitration hearing date. Must be served at least seven (7) days prior to the scheduled arbitration hearing date. American LegalNet, Inc. www.FormsWorkFlow.com American LegalNet, Inc. www.FormsWorkFlow.com